Supervisors Demand Halt to the Spraying : Medfly: Angry Pete Schabarum joins the two Democrats on the board in approving resolution against the malathion campaign.

Angered by the continual flights of malathion-laden helicopters out of El Monte Airport, Pete Schabarum joined the Democratic minority on the Los Angeles County Board of Supervisors on Tuesday in approving a resolution demanding an end to the state’s aerial spraying campaign against the Mediterranean fruit fly.

The measure, which joins the growing number of anti-malathion resolutions approved by local governments, passed by a 3-2 vote after two hours of emotional debate between state officials and several dozen malathion opponents.

The largely symbolic measure was supported by Schabarum and Supervisors Kenneth Hahn and Ed Edelman, its author.

Supervisors Deane Dana and Mike Antonovich opposed it.

“I hope somebody gets the message that it takes two to tango,” said Schabarum, who attacked the state’s repeated refusal to move the spraying operation out of El Monte Airport. “I’m sick and tired of this. You’ve told me for some weeks that you could care less about my problems, so I’m not going to be responsive to your needs anymore.”

Schabarum’s vote in favor of the resolution was greeted with a gasp from malathion opponents.

Henry J. Voss, director of the state Department of Food and Agriculture, said he was disappointed by the board’s decision, but added that it will have no effect.

“They didn’t do anything,” he said. “I think we heard what they had to say and will try to accommodate them. But this won’t affect the (eradication) program.”

The board’s vote came on a hectic day of activity by both the state and opponents of the spraying.

Azusa filed suit Tuesday in Los Angeles federal court against the state, county and the Federal Aviation Administration, seeking a court order to stop the nighttime spraying of malathion. The suit, which claims the state’s Medfly eradication program violates federal environmental, aviation and other laws, seeks an injunction requiring Azusa’s written approval for spraying below 300 feet.

In Orange County, Huntington Beach renewed its attack against the spraying with a request to the state attorney general and the county district attorney that they prosecute the helicopter company contracted by the state for violating Proposition 65, the state’s anti-toxic law.

The beach city was one of the first to sue the state to stop the spraying, although its suit was rejected in Sacramento Superior Court. Deputy City Atty. Arthur De La Loza said San Joaquin Helicopter Service is being pursued because Proposition 65 excludes state agencies from prosecution.

“The Department of Agriculture officials have already admitted that traces of harmful chemicals are in malathion,” De La Loza said. “Now, under Proposition 65, we are shifting the burden of proof to them to show that health is not being threatened.”

The state launched its own counterattack Tuesday.

Chief Assistant Atty. Gen. Andrea Ordin said that the attorney general’s office has not found any toxic substance sufficiently high in malathion to make it come under Proposition 65.

Gov. George Deukmejian, in an unusual radio address, spoke on KNX radio to rebut an editorial from the station demanding that the state prove malathion’s safety. Deukmejian, who has made few public statements on the issue, said:

“I am aware of those who are concerned about the efforts to eradicate the Medfly. But our program is safe and it works. . . .

“It is time that our anger be directed at those who are illegally bringing the Medfly into California, not at those who are trying to stamp it out.”

The state attorney general’s office also requested a court order Tuesday to prevent Pasadena and Azusa from enforcing ordinances against low-flying aircraft. The ordinances were designed to sidestep the state’s authority to conduct aerial pesticide spraying, which is allowed under the emergency eradication order signed by the governor last year.

Pasadena already has cited the helicopter company conducting the spraying and intends to press its case in court. The pilots could face six months in jail and $500 fines if convicted.

Deputy Atty. Gen. Charles Getz countered that the ordinances have no legal power because only the federal government has the authority to control aircraft flights.

The case is to be argued today in Los Angeles Superior Court.

The supervisors’ decision Tuesday was an unexpected victory for malathion foes, considering Los Angeles County is one of the main participants in the Medfly eradication program.

The supervisors conceded that their resolution will have little impact on the state, which has broad powers under the emergency eradication program declared by the governor.

But Edelman said the resolution will send a clear message that the repeated spraying has become unacceptable.

Edelman attacked agriculture officials for dragging their feet in developing alternative ways of battling the pest, such as the increased use of sterile Medflies. He said that during an infestation in 1981 the supervisors passed a resolution demanding the state maintain a reserve of sterile flies. But last year when the current infestation erupted, the state quickly ran out of sterile flies and had to resort to aerial spraying.

“What we have here is a failure of state policy,” Edelman said. “I’m at the point where I’m saying we’ve got to stop the spraying. We want to eliminate the Medfly, but not with malathion.”

Times staff writer Bill Billiter in Orange County contributed to this story.

MEDFLY SPRAYING MAP: B2